Changes in Federal Rulemaking Power Due to the Overturn of Chevron Doctrine

Environmental attorney Rafe Petersen authored an article for CIS discussing the significant impact of the U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo on June 28, 2024, which overturned the longstanding Chevron doctrine. The court's 6-3 ruling emphasized that it is the judiciary's role, not federal agencies', to interpret statutory ambiguities, marking a shift toward more judicial scrutiny of regulatory actions. This decision affects administrative law most directly but also has broader implications for environmental regulation, particularly in addressing climate change and technological advancements. In this article, the authors review the background of Loper, summarize the court's reasoning and note where and how it could touch other regulatory agencies.

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Holland & Knight announced the formation of its Chevron Deference Working Team in advance of the U.S. Supreme Court's June 28, 2024, Loper decision, which overturned the Chevron deference doctrine and will lead to a period of regulatory changes and potential legal challenges for some time.